The problem with Agency efforts to provide an employee with reasonable accommodations is that such attempts are too often than not, neither “reasonable” nor legally viable accommodations. Let’s remember that a legally viable “accommodation” is that act, allowance, or modification, which allows the employee to continue to perform and complete the core or essential elements of one’s position. Further, Federal and Postal employees need to understand that there is nothing inherently wrong with an Agency providing an accommodation that is neither legally viable (for Federal disability retirement purposes) nor “reasonable”.
Let me explain. Let’s say that an employee works for the Postal Service. He or she gets injured, and let’s even assume that it is a valid OWCP Department of Labor claim. At some point, because OWCP/DOL is NOT a retirement system, they will often “create” a “modified position” and make a modified, or light-duty job offer. It could be as extreme as sitting in a corner and answering the telephone. Now, if the individual gets the same pay, there is nothing inherently wrong with such a modified job offer. However, at the same time, you need to remember that accepting such a modified job offer does not preclude the employee from filing for, and getting approved, an application for Federal Disability Retirement. This is because the modified (or “light duty”) job offer is not a real, previously-vacant position, and therefore is neither “reasonable” nor truly an accommodation under federal disability retirement laws. Nevertheless, there was nothing wrong with the Agency making up such a “modified job” and offering it to the employee. This is true of all Agencies in the Federal Government, across the Board, from FAA Air Traffic Controllers who have lost their medical clearances, to IT Specialists who have lost their security clearances, to executive level administrators: modified duties, and “make-up” positions, while remaining in the same position, does not mean that there is anything inherently wrong with the modified job offer. It just means that such a modified job is neither a “reasonable” accommodation, and nor is it an “accommodation” at all — at least, not under the laws governing Federal Disability Retirement.
Sincerely,
Robert R. McGill, Esquire
Filed under: Accommodation and Light Duty, Clarifications of Laws or Rules, OPM Disability & OWCP Workers Comp Filings | Tagged: accepting a modified position, accommodation issues in FERS disability retirement, accommodation under OPM disability law, applying for federal disability, disability retirement at the USPS, dol owcp rehab, essential elements of jobs, FAA Air Traffic Controllers, federal disability attorney, federal disability law, federal medical retirement, ill postal worker, injured postal worker, IT Specialists, legal accommodation for Postal workers, light duty in the Postal Service, light duty jobs USPS, light duty usps, light-duty job offer, limited duty, limited duty in the Post Office, make-up positions, medical clearances, offer of modified assignment (limited duty) ps form 2499x, OWCP benefits for federal workers, OWCP lawyer for federal employees, postal workers disability, postal workers injury attorney, reasonable accommodation of federal workers, resources for injured federal workers, the FAA, USPS Disability, USPS disability retirement benefits, usps getting rid injured workers, what's reasonable treatment | 2 Comments »
